Podcast
Questions and Answers
Which of the following is NOT a maxim in criminal law?
Which of the following is NOT a maxim in criminal law?
- Actus me invito est meus actus (correct)
- Actus non Facit Reum, Nisi Mens Sit Rea
- Doctrine of Pro Reo
- Nullum Crimen Nulla Poena Sine Legis
What is the difference between felony and offense?
What is the difference between felony and offense?
- Felony is an act or omission punishable by the Revised Penal Code while offense is an act or omission punishable by common law.
- Felony is an act or omission punishable by the Revised Penal Code while offense is an act or omission punishable by sharia law.
- Felony is an act or omission punishable by special laws while offense is an act or omission punishable by the Revised Penal Code. (correct)
- Felony is an act or omission punishable by the Revised Penal Code while offense is an act or omission punishable by international law.
What are the three philosophies underlying criminal law systems?
What are the three philosophies underlying criminal law systems?
- Classical/Juristic, Positive/Realistic, and Eclectic/Mixed (correct)
- Legalistic/Pragmatic, Idealistic/Realistic, and Conservative/Liberal
- Liberal/Conservative, Authoritarian/Totalitarian, and Democratic/Republican
- Individualistic/Collectivistic, Rationalist/Irrationalist, and Optimistic/Pessimistic
Flashcards
Actus me invito est meus actus
Actus me invito est meus actus
This Latin phrase means "An act done against my will is my act." It is NOT a maxim in criminal law. It suggests that even if forced, a person is held responsible for their actions. This is incorrect as a person cannot truly act willingly under duress.
Felony vs. Offense
Felony vs. Offense
Felony is a crime punished by special laws with harsher penalties, like the Dangerous Drugs Act. Offense is a crime punished by the Revised Penal Code, with potentially lesser penalties.
Criminal Law Philosophies
Criminal Law Philosophies
Three major philosophies guide criminal law systems: Classical, Positive, and Eclectic. Classical emphasizes free will, Positive focuses on society and social order, and Eclectic blends both.
Study Notes
Overview of Criminal Law in the Philippines
- The Code of Kalantiao was the first penal law in the Philippines before the Spanish colonization.
- The Spanish Codigo Penal was extended to the Philippines in 1870 but did not cater to Filipino customs and traditions.
- The Revised Penal Code, drafted by a committee headed by Anacleto Diaz, took effect in 1932.
- Law is a rule of conduct promulgated by competent authority for common observance and benefit.
- Crime is an act committed in violation of public law forbidding or commanding it.
- Felony is an act or omission punishable by the Revised Penal Code.
- Offense is an act or omission punishable by special laws.
- Criminal law is a branch of public or municipal law that defines crimes, treats of their nature, and provides for their punishment.
- Omission means inaction or failure to do a positive duty.
- Act means any bodily movement tending to produce some effect in the external world.
- The three philosophies underlying criminal law systems are Classical/Juristic, Positive/Realistic, and Eclectic/Mixed.
- The basic maxims in criminal law include Doctrine of Pro Reo, Nullum Crimen Nulla Poena Sine Legis, Actus non Facit Reum, Nisi Mens Sit Rea, and Actus me invito est meus actus.
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